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Repairs

As a tenant, It is your legal right to request repairs. Sometimes asking for repairs to be made to your unit can be intimidating but we’re here to tell you that your landlord is prohibited from retaliating against you for requesting repairs.

Legally, your landlord has to make your unit “habitable. Cal. Civ. Code § 1942.5(a)(1)-(5). Unlawful retaliation includes attempting to evict a tenant, pressuring a tenant to vacate, increasing the rent, decreasing services or threatening to report a tenant’s immigration status.

Cal. Civ. Code § 1942.5 states that A landlord who engages in such retaliation may be liable for civil penalties of up to $2,000 for each violation.

CA Civil Code 1941.1 states that ” A “habitable” unit must include the following:

  • Effective waterproofing and weather protection of roof and exterior walls including broken windows or doors
  • Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
  • Gas facilities in good working order.
  • Heating system in good, working order.
  • Electric system, including lighting and wiring, and equipment in good, working order.
  • Building and grounds kept clean, sanitary, free from garbage, rodents and vermin.
  • Adequate number of garbage cans or dumpsters in good repair.
  • Floors, stairways, and railings in good repair.

*If your unit does not meet these standards, your landlord is required to repair, upgrade, or install the necessary elements. Your landlord is not responsible for painting your walls or changing your carper unless it’s actually ripped or hazardous.

To start the process of getting repairs made, you have to request them in writing via a letter. This will ensure that you have proof of the requests you’ve made. We can help you with that.

California Law

  • The landlord must maintain the unit in habitable condition (even if that is not stated in the lease). A unit is uninhabitable if it does not substantially have any of the following:
    • Effective waterproofing and weather protection of roof and exterior walls including broken windows or doors
    • Plumbing and gas facilities in good, working order
    • Hot and cold running water connected to sewage disposal system
    • Heating system in good, working order
    • Electric system, including lighting and wiring, and equipment in good, working order
    • Building and grounds kept clean, sanitary, free from garbage, rodents and vermin
    • Adequate number of garbage cans or dumpsters in good repair
    •  Floors, stairways, and railings in good repair
  • The landlord is prohibited from retaliating against a tenant for exercising a legal right to request repairs. That is, a landlord cannot retaliate (increase your rent, evict you) if you request repairs.

Oakland Law (for everyone)

No Owner or such Owner’s agent, contractor, subcontractor, or employee, shall do any of the following, in bad faith:

  • Interrupt, terminate, or fail to provide housing services required by contract or by State, County or municipal housing, health or safety laws, or threaten to do so;
  • Fail to perform repairs and maintenance required by contract or by State, County or municipal housing, health or safety laws, or threaten to do so;
  • Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts;

Resources

Oakland Codes & Compliance

 (510) 238-3381

Rent Adjustment Program

250 Frank Ogawa Plaza

Oakland, CA 94612

(510) 238-3721

County Assessor’s Office

County Administration Building

Room 145 1221 Oak Street

(510) 272-3787

Pests (Vector Control)

For Bed Bugs, Fleas, Rats, Skunks, Mice, Raccoons

(illegal unit OK) (510) 567-6800

Public Health Department

1000 Broadway Suite 500 

Oakland, CA 94601

(510) 267-8000

Hayward Self Help Desk

Hayward Hall of Justice

24405 Amador Street Hayward, CA

1st Floor, Department 501

(510) 272-1393

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Most tenants in Oakland are covered by the Tenant Protection Ordinance! However, if you live in any of the following, then you ARE NOT covered by the Tenant Protection Ordinance (TPO) in Oakland.

  • A hospital, skilled nursing facility, or health facility
  • A nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse, where you were been told in writing that the housing was temporary/transitional when you moved in
  • A nonprofit facility which provides a structured living environment that has the primary purpose of helping houseless people build independent living skills and obtain permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and where you were told in writing that the housing was temporary/transitional when you moved in
  • A hotel or motel for less than one month

If you don't live in any of the above, then you ARE covered under TPO. Note: if you live in a building owned by a nonprofit, you ARE covered unless the facility meet one of the specific exemptions described above.

Most units in Oakland are covered by Just Cause. However, if you live in any of the following, then you ARE NOT covered by Oakland Just Cause.

  • A unit that is less than 10 years old (If you're not sure, call the County Assessors and they can tell you very quickly) OR
  • You live in the same unit as your landlord, and you regularly share a kitchen or bathroom with the landlord, OR
  • You live in a recreational vehicle (RV) or wheeled tiny home but do NOT pay rent OR
  • A hospital, skilled nursing facility or healthcare facility OR
  • A nonprofit facility where the primary purpose is short-term treatment for drugs or alcohol, and you were told that the facility was temporary/transient when you moved in, OR
  • A nonprofit facility with a structured living environment where the primary purpose is to assist homeless folks in building skills for independent living, where occupancy is limited to a specific/limited time not greater than 24 months, and you were told that the facility was temporary/transient at the beginning

You are covered by Oakland Rent Control UNLESS you live in one of the following:

  1. Housing where your rent is subsidized and/or regulated by the government, including:
    1. A building managed by Oakland Housing Authority (OHA) or the Department of Housing and Urban Development (HUD),
    2. A unit where your rent is subsidized by Section 8 or another government entity (even if the property is privately owned)
  2. A hotel, motel, inn, or boarding houses AND you have not occupied the unit for more than 30 days (if you have been there more than 30 continuous days, you ARE likely covered by rent control)
  3. A unit or room in a hospital, senior home, extended care facility, convent, monastery or school dormitory
  4. A unit or room in a non-profit cooperative owned, occupied & controlled by the residents
  5. A building built on or after January 1, 1983 (Don’t know? Call the County Assessors at 510-272-3787 and ask them to tell you the year the unit was built and the effective date),
  6. A substantially rehabilitated building, IF the owner applied for exemption to rent control before October 20, 2017, and received a certificate of exemption from rent control
  7. A single-family home or a condominium sold separately AND you moved in after 1995

Effective May 1, 2018, the Oakland Tenant Move-out Ordinance (TMOO, O.M.C . 8.22.700 et seq.) states that landlords must do the following if they wish to offer a tenant compensation to vacate their rental unit:

1) The owner must file a Pre-Move Out Disclosure Certification Form with the Rent Adjustment Program prior to entering into Move Out Negotiations.
2) The owner must give a Disclosure Notice to the tenant prior to entering into Move Out Negotiations. The owner must also file the executed Move Out Agreement with the Rent Adjustment Program within 45 days of the tenant and landlord signing the Move Out Agreement.

Tenants also have these rights under the Move-out Ordinance:
1) The right to not accept - A tenant is not required to enter into a Move Out Agreement or engage in Move Out Negotiations, and:
-The landlord may not retaliate against a tenant for not accepting the offer. 
-Offering payments to a tenant to vacate more than once in six (6) months after the tenant has notified the owner in writing that the tenant refuses to enter into a Move Out Agreement or engage in Move Out Negotiations constitutes harassment under the Tenant Protection Ordinance.

2) The right to consult an attorney before entering into a Move Out Agreement or engaging in Move Out Negotiations.
3) The right to rescind - A tenant may cancel the Move Out Agreement at any time during the twenty-five (25) days after the agreement has been signed by both the landlord and tenant, unless the parties agree in writing to a shorter period of no less than fifteen (15) days . During this time, the tenant may cancel the Agreement as long as the tenant has not moved out, and the decision to cancel is agreed upon by tenants who are part of the Move Out Agreement.
4) Extended right to rescind within six months if the Move Out Agreement does not meet the specifications required under the Ordinance.
5) Relocation amounts for 2020-2021: Move out agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. The Uniform Relocation Ordinance requires owners provide tenants displaced by code compliance activities, owner or relative move-ins, the Ellis Act, and condominium conversions with relocation payments. The payment amount depends on the size of the unit and adjusts for inflation annually on July 1st. The base payment amounts until June 30, 2021 are:

$ 7,308.37 per studio/one bedroom unit
$8,994.92 per two bedroom unit
$11,103.10 per three or more bedroom unit

Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner.
6) Right to return: Tenants have an option or right to return to their Rental Unit after certain no-fault evictions, such as code compliance evictions after the repairs are completed or Ellis evictions if the units are re-rented. Waiver of these rights, if applicable, may make a Move Out Agreement more valuable.
7) Market rents may be much higher in your area and you may want to check rents for similar rental units before entering into a Move Out Agreement, particularly a Move Out Agreement that removes any options or rights to return to the rental unit that may exist for you.
8) Payments from a Move Out Agreement may be taxable. You should consult taxing authorities or a tax professional for more information or advice on taxability.
9) Public records: Move Out Agreements and documents related to Move Out Agreements that are submitted to the City may be public. The City may redact personal information to the extent possible. Parties of a Move Out Agreement should be notified that information may become public disclosure.